SIYAD HUSSEIN JIMALE V. OMAR HAJI SALAT & 2 ORS

JUDGMENT

1. Upon considering the record of appeal, the oral submissions made by learned counsel, Mr Onderi for the appellant, Ms. Theuri for the 1st respondent, Ms. Rotich holding brief for Mr. Kibet for the 2nd respondent and Mr. Kamiru for the 3rd respondent, and

2. Upon considering the written submissions thereof, the authorities cited and the law, the appeal is allowed and the judgment of the High Count (Hon. Sergon, J.) dated July 19, 2022 is hereby set aside and the judgment of the Political Parties Disputes Tribunal (PPDT) is affirmed. We make no order as to costs.

THE REASONS FOR OUR DECISION SHALL BE GIVEN ON 21ST OCTOBER, 2022.

DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022.

D.K. MUSINGA(P)

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JUDGE OF APPEAL

F. SICHALE

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JUDGE OF APPEAL

S. ole KANTAI

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR